Fee waivers

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This is Information Sheet 87 (INFO 87).

ASIC has limited power to waive fees.

We can only consider waiving a fee where there were issues beyond the control of all representatives of the entity which prevented them from lodging on time or making payment.

Some examples include:

delay caused by issues with ASIC (e.g. processing delay)
court caused delay (e.g. a court did not issue a signed copy of an order in time)
records needed to lodge were damaged by fire, flood, or other disaster, or
a natural disaster prevented you from accessing records in your home or business.

We will not waive a fee if:

the entity's representatives failed to lodge on time
you did not receive the annual statement notice, or
you do not have enough funds to pay the fee.

It is your responsibility to understand and meet your obligations under the law.

How to apply for a fee waiver

Step 1 – Pay the annual review fee

If you are applying to waive a late payment fee, please ensure the annual review fee is paid. We may charge you additional late fees if your annual review fee is not paid.

Step 2 – Apply for a fee waiver and include all relevant details

Make sure you include all relevant information and supporting evidence as we need to consider all facts and circumstances of your individual case (e.g. a fire prevented you from accessing your records in time). You must prove that the issues were beyond the control of all the entity's representatives.

Step 3 – You'll receive a response once a decision has been made

We'll respond to you in writing to your contact address and let you know if your waiver request has been approved or rejected. It can take up to 28 days to process your fee waiver request.

Important notice

Please note that this information sheet is a summary giving you basic information about a particular topic. It does not cover the whole of the relevant law regarding that topic, and it is not a substitute for professional advice. We encourage you to seek your own professional advice to find out how the applicable laws apply to you, as it is your responsibility to determine your obligations.

You should also note that because this information sheet avoids legal language wherever possible, it might include some generalisations about the application of the law. Some provisions of the law referred to have exceptions or important qualifications. In most cases, your particular circumstances must be taken into account when determining how the law applies to you.

Information sheets provide concise guidance on a specific process or compliance issue or an overview of detailed guidance.